Clickwrap agreements allow user acceptance to be captured in a matter of a single click.

Clickwrap agreements, sometimes called clickthrough, browsewrap, scrollwrap or sign-in-wrap agreements are online agreements between a user and a company that requires the user to opt-in before they create an account, make a purchase, or use a website or app.  

Common types of  agreements that use a clickwrap include:

  • Terms and conditions
  • Terms of service
  • Terms of use
  • Privacy policies
  • End user license agreements (EULAs)

 

Are clickwrap agreements enforceable in court?

Generally speaking, yes, when constructed properly, a clickwrap agreement is just as sufficient to indicate acceptance as an ink-and-pen signature. However, it's important to know that simply presenting your terms may not be enough.

Clickwrap best practices to consider when designing agreements include:

  • Method of acceptance - To what lengths did you go to empower the user with knowledge of what they were accepting?  A good rule of thumb is to include a checkbox accompanied by a statement such as "I have read and accept the terms of service" with a link to the full agreement you are proposing.  This message and checkbox should be place above a signup button.
  • Record keepingThe speed and ease of clickable agreements are great, but an additional advantage includes triggered record keeping. Who, what, where and when a user accepted will need to be produced in the event of a lawsuit. For this reason, it's recommended to implement a clickwrap management solution like PactSafe. As fast as a contract is signed, a durable electronic record is made at the same time.
  • While clickwrap and browsewrap agreements have many similarities, there is one key distinction that makes a clickwrap agreement the safest choice to protect your company.  

 

What's the difference between a clickwrap and a browsewrap agreement?

  • While clickwrap and browsewrap agreements have many similarities, there is one key distinction that makes a clickwrap agreement the safest choice to protect your company. Browsewrap agreements utilize something called a dual purpose button which is often accompanied by phrases that state "by clicking this button you agree". While this is still often used by websites and apps, it's less likely to be upheld in court.

 

How can PactSafe help me with clickwrap agreements?

PactSafe was designed to take the hassle away from managing online agreements by saving time and reducing risk for legal professionals and developers

  • All information transferred to and from PactSafe is 256-bit SSL encrypted, including usernames and passwords.
  • Our electronic signature platform is designed to keep your contracts secure and prevent tampering of your electronic signatures and electronic records. A unique record is maintained for every contract prior to party acceptance as well as a record of each revision following. It's all downloadable or shareable via PDF for easy integration into your existing contract management systems.
  • Additionally, all static files and electronic signature information are encrypted in Amazon's S3 servers, which are housed in an ISO 27001 certified data center.

 

Click to download the Clickthrough Agreement litigation trends whitepaper by PactSafe

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